[WSBARP] SOL Query

[Roger Hawkes]

I concur with Stephen; if there is any payment within the past six years,
there might be a recommencement on payment date.

 

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Roger Hawkes, Attorney, WSBA # 5173 

Hawkes Law Firm P.S.

206 367 5000 or roger at law-hawks.com

19909 Ballinger Way NE

Shoreline, WA 98155

www.hawkeslawcenter.com <http://www.hawkeslawcenter.com/> 

 

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of swhite8893 at aol.com
Sent: Tuesday, March 11, 2014 2:34 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] SOL Query

 

Jodi,

    It begins to run when the cause of action accrues, in your
circumstance, when the debt is first considered delinquent. It is not when
it is referred out.

 

Steve

Stephen Whitehouse

Whitehouse & Nichols, LLP

Attorneys at Law

P.O. Box 1273

601 W. Railroad Ave.

Shelton, Wa. 98584

360-426-5885

swhite8893 at aol.com

-----Original Message-----
From: Jodi Bourg <jlbourg at comcast.net>
To: WSBARP Listserv <wsbarp at lists.wsbarppt.com>
Sent: Tue, Mar 11, 2014 2:30 pm
Subject: [WSBARP] SOL Query

Listmates,

 

I'm curious to know when the SOL would run in the following hypothetical
situation:  

 

John Doe hires Attorney A in 2008.  Some time later, John fires Attorney
A.  There is some dispute about the amount of legal fees due.  Attorney A
assigns the disputed amount to Attorney B's collection agency.  Attorney B
files a complaint in 2010.  The case is dismissed in 2012 for want of
prosecution.  

 

My understanding is that this situation would have an SOL of 6 years under
RCW 4.16.040(2) "An action upon an account receivable. For purposes of
this section, an account receivable is any obligation for payment incurred
in the ordinary course of the claimant's business or profession, whether
arising from one or more transactions and whether or not earned by
performance."

 

My question is at what point does the SOL begin to run.  Is it when the
dispute commences with Attorney A or upon assignment of the disputed
amount?  Many thanks.

 

Jodi Bourg

 

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Bar Association nor its officers or agents. 

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